Terms of Use & Privacy Policy

 

Terms of Use

Version Date: 4 May 2020

Introduction

The use of the this chatbot (the “Service”) is voluntary and is subject to acceptance of these Terms of Use (“TOU”) and the Privacy Policy [Link]. Your use of the Service constitutes your agreement to these ToU.

PLEASE NOTE WE ARE GATHERING INFORMATION FOR PURPOSES SET OUT IN THE PRIVACY POLICY [LINK]. WE ARE NOT PROVIDING ANY HEALTH ADVICE OR MAKING ANY DIAGNOSES OR PROGNOSIS THROUGH THIS SERVICE. IF YOU FEEL UNWELL, OR SUSPECT YOU HAVE BEEN EXPOSED TO COVID-19 OR SHOW ANY SYMPTOMS CONSISTENT WITH COVID-19, PLEASE CONTACT A DOCTOR IMMEDIATELY. DO SO IN CASE OF ANY OTHER SYMPTOMS AS WELL.

Permitted Use/Availability of the Service. The Service is provided on an “AS-IS, AS-AVAILABLE” basis.

Subject to other relevant provisions of the TOU, the Service may be used by you for your personal use to keep track after your symptoms. Except for these limited rights, no other rights are granted to the Service or its content, and users may not copy, reproduce, alter, modify, create derivative works, or publicly display any part of the Service or any materials on it that are provided by and/or originate from the Service (the “Service Content”). We (and/or any  content providers, as applicable) own and retain all intellectual property rights they have in and to the Service Content. We shall have the right in our sole and absolute discretion to suspend or terminate any or all of the users’ access to it for any reason.

By accepting these TOU, you:

  • may only use the chatbots for the purposes permitted by the TOU;
  • are responsible for maintaining the privacy and security of your account;
  • are responsible to maintain reasonable computer security measures, and connect to the Service using secure facilities only;
  • provide your voluntary consent to provide data to the Service, and to process such data;
  • grant us the right to use any content that you submit via the Service;
  • expressly consent to being sent service communications and administrative messages related to the use of the Service;
  • consent to provide personal data, and any other relevant data;
  • are not granted the right to use images, signs, logos, brands or emblems used in the Service.

As specified below, the Service (including Service Content) is provided on an “AS-IS, AS-AVAILABLE” basis.

Prohibited Uses/Activities. 

  • You are not entitled to change, let, lease, lend, sell, divide or decrypt in whole or in part the Service or information learnt while using it;
  • You may not carry out any activity that may interfere with the Service (or with the servers and networks which convey information during use and/or are connected with the Service);
  • You do not acquire the right to copy, distribute, sell or lease parts of the Service;
  • You are not entitled to decrypt the Service or attempt to obtain or otherwise derive source code, trade secrets, or know-how or any portion thereof;
  • You do not acquire any intellectual property right or the content accessible on and originating from the Service;
  • You are not entitled to work around any technical limitations of the Service;
  • You are not entitled to modify, reverse engineer or otherwise alter the Service;
  • You are not entitled to use the Service in any way prohibited by law, regulation, governmental order or decree;
  • You are prohibited from using the Service to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • You are not entitled to engage in activity that is false or misleading or that is harmful to others (including children), or the Service;
  • You are not entitled to share inappropriate content, advertising, spam, spyware or malware;
  • You are not entitled to gain (or attempt to gain) unauthorized access to any service, data, account or network by any means;
  • You are not entitled to infringe upon the rights of others;
  • You are not entitled to use the Service anywhere other then where the Service has been made available, unless the Service publisher has explicitly enabled such uses;
  • You are not entitled to remove, modify, or tamper with any notice or link that is incorporated into the Service;
  • You are prohibited from degrading or compromising security in any way;
  • You are prohibited from including misleading statements about Service functionality, performance, origin or data use;
  • You are prohibited from transmitting any viruses or other code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate the Service or any system or data.

Revocation, Suspension or Termination of Activity. We retain the right to revoke, suspend and/or terminate any or all user activity at any time in our sole and absolute discretion including, without limitation, for any violation of the TOU.

If you become aware that your account (including Telegram account) has been or may be compromised or is being used in violation of these TOU, please notify us by contacting info@braincast.ai as soon as possible.

Features of the Service; Use of Third Party Providers. The Service and software embodied within the Service may include security components that permit digital materials to be protected. In addition, such features may include tools or other features designed to protect the integrity of certain materials, provide security-related features and/or to detect improper activity with respect to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. We may, at our discretion, use certain third party service providers to support portions of the Service (including but not limited to hosting services).

Use of Information. We have the right to access, preserve and/or disclose information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any submitted content violates the rights of third parties; (d) respond to your requests for assistance; or (e) protect the rights, property or personal safety of us, our users and/or the public. Further, we reserve the right to cooperate with legitimate law enforcement requests for information at our sole discretion. In addition, we have the right to use data and information obtained or collected through the Service to improve the Service and/or for research or other activities, provided that we remove individually identifiable information (if any) contained in such data or information.

International Use. If you are accessing the Service remotely from another country, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.

Our servers may reside in different countries and jurisdictions, for example due to the use of a cloud service. Because of this: (i) you consent to the transfer, storage, and processing of your information to and in any countries; (ii) if you are using the Service from a country embargoed by the United States or Israel, you are not authorized to access or use the Service; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Service. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject us or our affiliates to any registration requirement within such jurisdiction or country.

Notice to California Residents. BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Service is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Service is:

Lior – lior@braincast.ai

If the Service is deemed as electronic commercial service, you may file a complaint regarding the Service or to receive further information regarding use of the Service by sending a letter to the attention of Lior at the above address.

Disclaimer of Warranties. THE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. WE, OUR TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, CONTRACTORS (INCLUDING ANY THIRD PARTY PROVIDERS) AND SPONSORS (COLLECTIVELY THE “SERVICE PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND DUTIES, INCLUDING, WITHOUT LIMITATION: THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU PROVIDE OR OTHERWISE OBTAIN ANY AND ALL INFORMATION, MATERIAL, DATA AND/OR OTHER CONTENT THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND WE ARE NOT ASSUMING RESPONSIBILITY FOR ANY DAMAGES TO YOU, 3rd PARTIES OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH ITEMS; IN ADDITION, SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY; LIMITATION ON DAMAGES. UNDER NO CIRCUMSTANCES WE OR ANY OTHER SERVICE PARTIES BE LIABLE TO YOU, YOUR ORGANIZATION, ANY RELEVANT 3RD PARTIES OR ANY USER ARISING FROM ANY CLAIM IN CONNECTION WITH THE SERVICE.

UNDER NO CIRCUMSTANCES WE OR ANY OTHER SERVICE PARTIES BE LIABLE TO YOU, YOUR ORGANIZATION, ANY RELEVANT 3RD PARTIES OR ANY USER ARISING ON ACCOUNT OF USE OR MISUSE OF OR RELIANCE ON THE SERVICE FOR THE RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR OTHERWISE, (EVEN IF WE AND/OR THE SERVICE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE WIDEST EXTENT PERMISSIBLE BY LAW.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations and exclusions shall apply only to the extent permitted under applicable law.

Force Majeure. In the event our performance of obligations is delayed or prevented directly or indirectly by acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, plague, epidemy or pandemic, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning, we may take additional time to perform commensurate with the delay or may elect to terminate Service access.

Miscellaneous. If any provision of these TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or any other users does not waive our right to act with respect to subsequent or similar breaches. Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in these TOU are included for convenience only, and shall not limit or otherwise affect the terms of these TOU. These TOU and any disputes related to them shall be interpreted in accordance with the laws of the State of Israel without regard to its conflicts of laws provisions. All claims and/or controversies of every kind and nature arising out of or relating to these TOU, including any questions concerning its existence, negotiation, validity, meaning, performance, non-performance, breach, continuance or termination shall be settled at a competent court in Israel. Notwithstanding any provision hereof, for all purposes of these TOU each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. You are agreeing to these TOU on behalf of yourself. You agree that, except as otherwise expressly provided in these TOU, there shall be no third-party beneficiaries to these TOU.

These TOU together with our Privacy Policy [link] represent the entire agreement with us regarding the subject matter hereof, superseding any and all prior or contemporaneous oral or written understandings. These TOU may be amended or changed from time to time.

 
 

Privacy Policy

 

  1. Introduction

Welcome to the Corona Check’s privacy policy.

Corona Check respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our and tell you about your privacy rights and how the law protects you.

 

  1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Corona Check collects and processes your personal data through your use of this Service, including any data you may provide through this Service  when you use the Corona Check service (the “Service”).

This Service is not intended for children. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THE SERVICE.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated on April 2020.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Controller

Ran Yahalom is the controller and responsible for your personal data (collectively referred to as, “we”, “us” or “our” in this privacy policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise, please contact us using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Email address: ran@braincast.ai

Third-party links

This Service may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party services and are not responsible for their privacy statements. When you leave our Service, we encourage you to read the privacy policy of every website you visit.

 

  1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Technical Data includes [your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Service].
  • Profile Data includes [your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses].
  • Usage Data includes [information about how you use our Service, products and services].
  • Health Data such as health status, medical conditions, smoking status, symptoms, diagnoses (including COVID-19 diagnosis), and other similar information.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Service feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the Service).

 

  1. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your [Identity, Contact and Financial Data] by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for our products or services;
  • create an account on our Service;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.
  • Automated technologies or interactions. As you interact with our Service, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using server logs and other similar technologies.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:

Technical Data from the following parties:

  • analytics providers;
  • advertising networks; and
  • search information providers.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from data brokers.
  • Identity and Contact Data from publicly available sources.

 

  1. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to provide you the Service.
  • Where we receive your consent.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where it is required or permitted by law.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interest
To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this Service  (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant Service  content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our Service , products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Service  updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

 

Processing EU Personal Data

In the event that your personal data is subject to the GDPR, we will only use your personal data for the original purpose for which we collected it, unless we reasonably consider that we need to use it for another purpose and that purpose is compatible with the original purpose. If we need to use your EU personal data for an unrelated purpose, we will notify you and we will explain the legal basis, which allows us to do so. We require third parties to only use your EU personal data for the specific purpose for which it was given to us and to protect the privacy of your personal data. If your personal data is no longer necessary for the legal or business purposes for which it is processed, we will generally destroy or anonymize that data.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us received Service from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

  1. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above.

  • Third Parties as set out in the Glossary below.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

  1. How We Share Personal Data

We protect users’ information. Access to our users’ information is restricted to only those employees or agents, contractors or subcontractors who have valid reasons to access this information to perform any service you have requested or authorized, or for any other purpose described in this Privacy Policy.

We currently do not plan to provide your information to third parties for commercial purposes, but this may change in the future.

We may provide your personal data to:

  • outsourced service providers who perform functions on our behalf, located inside or outside of the European Union territory (in such case, we will use the appropriate legal framework to operate data transfers). For example, your personal information may be stored on cloud hosting services such as Amazon Web Services.
  • our authorized agents and representatives, located inside or outside of your country of residence (in such case, we will use appropriate legal framework to operate data transfers), who provide services on our behalf, such as training service providers;
  • anyone expressly authorized by you to receive your personal data; or
  • anyone to whom we are required by law to disclose personal data, upon valid and enforceable request thereof.

We will access, disclose and preserve personal data, when we have a good faith belief that doing so is necessary to:

  • comply with applicable law or respond to valid legal processes, including from law enforcement or other government agencies, upon valid and enforceable request thereof; or
  • operate and maintain out security, including to prevent or stop an attack on our computer systems or networks.

For EU Residents

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

 

  1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

  1. Storage

Personal data collected by us may be stored and processed in your region, in the United States or in any other country where we, our affiliates or contractors maintain facilities, including outside the EU. We take steps to ensure that the data we collect under this Privacy Policy is processed pursuant to the terms thereof and the requirements of applicable law wherever the data is located.

 

  1. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

 

  1. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data, such as:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

  1. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

External Third Parties

  • Service providers.
  • Professional advisers.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

 

  1. Changes To This Privacy Policy

We may update this Privacy Policy based upon evolving laws, regulations and industry standards, or as we may make changes to our business. We will post changes to our Privacy Policy on this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, we will provide additional notice, such as via email if feasible. If you disagree with the changes to this Privacy Policy, you should discontinue using the Service.

 

  1. Questions or Complaints Handling

We understand that you may have questions or concerns about this Privacy Policy or our privacy practices or may wish to file a complaint. In such case, please contact us at info@braincast.ai.